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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35831
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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In Arkansas who is entitled to ancestral,(from father's

Customer Question

In Arkansas who is entitled to ancestral,(from father's side) unoccupied, vacant, undeveloped land jointly owned by 3 siblings when one dies intestate? The 3 are 2 sisters and the intestate is brother which was married with no children.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Is the land actually in the 3 children's names or is it still in the estate of father?

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If it is in the children's names, can you tell me if the deed says "joint tenants" or "tenants in common" anywhere in it?

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thanks

Barrister

Customer: replied 1 year ago.
Land was deeded to the 3 of us in 09. Does not say "joint tenants" or "tenants in common". Says Grantees and Grantees' heirs.
Expert:  Barrister replied 1 year ago.

Ok, if there is no specific designation that the title was taken as joint tenants, then the presumption is that it is tenants in common. If it stated joint tenants, then when one person passed, their interest would extinguish and the surviving two would then own 50% each. But with no designation, it is tenants in common and the deceased's 1/3 share would then go into their estate to descend according to any will or under default state intestacy law.

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So if the deceased did not have a will and had no children, then the wife would inherit the decedent's share and become a 1/3 owner along with the 2 siblings.

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thanks

Barrister